Specialized Law Office. Protection in cases of economic crimes
Specialized Law Office. Protection in cases of economic crimes
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Subject of a crime:
A person subject to liability for bribing someone else; a Russian citizen, a foreign citizen or person destitute of nationality who is above 16 years of age.
The person subject to liability for bribe-taking is:
a Russian or foreign functionary or an official of a public international organization
A functionary is understood to mean a person acting as a representative of the authority or performing managerial or administrative functions in state bodies, bodies of local self-government, state and municipal institutions, as well as in the Armed Forces and military formations of the Russian Federation (Note to Article 285 of the RF Criminal Code).
The definition of bribe is established in Article 290 of the RF Criminal Code.
Bribe is money or other property, including property rights, as well as property-related services transferred (rendered) to a functionary for the commission of acts within his official functions, or for promoting by the person by virtue of his official position of such actions, or for providing general patronage.
BRIBE-GIVING (Article 291 of the RF Criminal Code) to a Russian or foreign functionary or a functionary of a public international organization shall be punishable depending on the gravity of the offense classification: at least by a fine, at most by deprivation of liberty for a term up to 12 years and a fine of 70 times the amount of the bribe.
BRIBE-TAKING (Article 290 of the RF Criminal Code) by a Russian or foreign functionary or a functionary of a public international organization shall be punishable depending on the gravity of the offense classification: at least by a fine, and at most by deprivation of liberty for a term of up to 15 years and a fine in the amount of 70 times the amount of the bribe.
Features of the offense classification:
— Bribe-giving is directly linked to bribe-taking.
— Without bribe-giving, bribe-taking is impossible.
— If money had not been received by a bribe-taker, the offense is deemed incomplete and the liability is incurred only for attempted bribery. (Such cases include offering a bribe to the functionary, leaving the money in the desk of the functionary, sending them by post, if this was not followed by the functionary’s acceptance of the bribe).
— Bribe-giving may be made only with the direct intention. The person must be aware that he/she passes money to a functionary for his/her commission of actions related to his/her service duties.
— If the subject is mistaken in regard of grounds for passing a bribe from good faith, assuming that it is not an offsetting, or being unaware of illegality of the passing, the corpus delicti of the bribe-giving is missing (courier, employee of a company, acquaintance or another person miscognizant of the criminal intentions of the briber);
— If the manager of a commercial or other organization instructed a subordinate employee to perform a work task by bribing, the responsibility for bribery lies with that executive as the briber and the employee who contracted for the bribe and handed it over should be prosecuted as an accomplice of bribery.
— If the bribe-giver passed a bribe over to a person who cannot perform actions that the bribe was meant for, because of lack of power, the bribe-giver may be prosecuted for attempted bribery and the bribe-taker for swindling under Article 159 of the RF Criminal Code;
— If the bribe-giver after bribery actively contributes to the disclosure of or the investigation into the crime and there are grounds for exemption from criminal liability of the briber, namely:
1) There has been an extortion for the bribe or
2) The bribe-giver has voluntarily reported bribery,
then the bodies of preliminary investigation, the prosecutor or the court must release the briber from criminal liability.
One way or another, for the purpose of organizing your protection, you will need an experienced lawyer on bribery. This is particularly important if you have encountered a bribe provocation by operative officers. A lawyer on bribery from the Zhiganov, Nikulenko and Partners Attorneys Bureau will get into the details of your case and enter the defense at any stage of the criminal process. The success of the defense depends also on the speed of your getting in touch with a lawyer on bribery and the number of errors committed prior to that moment.
